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(AIP) Conditions for Buying Immovable Property in Malta

by www.ird.gov.mt

Acquire an Immovable property in Malta requires certain conditions according to the 'Acquisition by Non-Residents Act' of Malta. Whether for Industrial, Commercial or Residential use different conditions apply in acquiring an immovable property.

 

Conditions for buying immovable property

 

Citizens of all European Union member states, including therefore Maltese Citizens, who have resided in Malta continuously for a minimum period of five years at any time preceding the date of acquisition may freely acquire immovable property without the necessity of obtaining a permit under Chapter 246 of the Laws of Malta.

 

Citizens of all European Union member states, including therefore Maltese Citizens, who have not resided continuously in Malta for a minimum period of five years may only purchase their primary residence or any immovable property required for their business activities or supply of services without the necessity of obtaining a permit under Chapter 246 of the Laws of Malta.

 

Citizens of all European Union member states, including therefore Maltese Citizens, who have not resided continuously in Malta for a minimum period of five years, require a permit under Chapter 246 of the Laws of Malta to acquire immovable property for secondary residence purposes.

 

Individuals who are not citizens of a European Member state may not acquire any immovable property unless they are granted a permit in terms of Chapter 246 of the Laws of Malta.

 

There are defined zones in Mata, referred to as special designated areas, where there are absolutely no restrictions to acquisition. There is also no restriction on acquisition through inheritance and there are also several other special exemptions. Different rules apply to the acquisition by bodies of persons.

 

Aquisition by Individuals

 

 

Maltese and EU Citizens - both with 5 years continuous residence in Malta

Maltese and EU Citizens - without 5 years continuous residence in Malta

Others

 

 

Primary Residence1

No restrictions - No need to apply

No restrictions - No need to apply

Prior authorisation is required*

 

 

Secondary Residence or any other immovable property2

No restrictions - No need to apply

Prior authorisation is required*

Prior authorisation is required*

 

 

Causa Mortis devolutions

No prior authorisation is required

No prior authorisation is required

No prior authorisation is required

 

 

Grave or site

No prior authorisation is required

No prior authorisation is required

No prior authorisation is required

 

 

Redemption of groundrent

No prior authorisation is required

No prior authorisation is required

No prior authorisation is required

 

 

Property in a Special Designated Area

No prior authorisation is required and no limit

No prior authorisation is required and no limit

No prior authorisation is required and no limit

 

 

Divided or undivided share in immovable property where person had previously acquired a share in such immovable property in accordance with the provision of this Act

No prior authorisation is required and no limit

No prior authorisation is required and no limit

No prior authorisation is required and no limit

 

 

Transfer of immovable property in an inheritance between co-heirs

No prior authorisation is required - No limit

No prior authorisation is required - No limit

No prior authorisation is required - No limit

 

 

Partition of immovable property between co-owners

No prior authorisation is required - No limit

No prior authorisation is required - No limit

No prior authorisation is required - No limit

 

 

Donation of immovable property to a spouse, descendant or an ascendant in the direct line and their relative spouses - in the absence of descendants to a brother or sister and their descendants

No prior authorisation is required - No limit

No prior authorisation is required - No limit

No prior authorisation is required - No limit

 

 

Immovable Property required for the person's business activities' or supply of services by such person

No prior authorisation is required - No limit

No prior authorisation is required - No limit

No permit granted unless required for an industrial or touristic project or as a contributor to the development of the economy of Malta

 

 

Notes

 

 

* : A permit will not be granted if applicant has already acquired immovable property in Malta; other conditions also apply.

 

 

 

1 : This presupposes a change of ordinary residence if the purchaser is not already a resident of Malta.

 

 

 

2 : This would typically include holiday homes where there is no change of ordinary residence.

 

 

 

Acquisition by bodies of persons

 

A body of persons, other than a commercial partnership, established in and operating from an European Union member state may freely acquire immovable property that is required for the purpose for which it has been set up as long as it is directly controlled by citizens of a European Union member state.

 

A commercial partnership established in and operating from an European Union member state (therefore including Malta) may freely acquire immovable property that is required for the purpose for which it has been set up and at least 75% of its share capital is held by a person (or persons) who is a European Union Member state citizen.

 

Any other body of persons will require a permit which is only granted if the property is required for an industrial or touristic project or as a contributor to the development of the economy of Malta.

 

See also Immovable Property (Acquisition by Non-Residents) Act.

 

Source: www.ird.gov.mt

Home Guide Articles

(AIP) Conditions for Buying Immovable Property in Malta

by www.ird.gov.mt

Acquire an Immovable property in Malta requires certain conditions according to the 'Acquisition by Non-Residents Act' of Malta. Whether for Industrial, Commercial or Residential use different conditions apply in acquiring an immovable property.

 

Conditions for buying immovable property

 

Citizens of all European Union member states, including therefore Maltese Citizens, who have resided in Malta continuously for a minimum period of five years at any time preceding the date of acquisition may freely acquire immovable property without the necessity of obtaining a permit under Chapter 246 of the Laws of Malta.

 

Citizens of all European Union member states, including therefore Maltese Citizens, who have not resided continuously in Malta for a minimum period of five years may only purchase their primary residence or any immovable property required for their business activities or supply of services without the necessity of obtaining a permit under Chapter 246 of the Laws of Malta.

 

Citizens of all European Union member states, including therefore Maltese Citizens, who have not resided continuously in Malta for a minimum period of five years, require a permit under Chapter 246 of the Laws of Malta to acquire immovable property for secondary residence purposes.

 

Individuals who are not citizens of a European Member state may not acquire any immovable property unless they are granted a permit in terms of Chapter 246 of the Laws of Malta.

 

There are defined zones in Mata, referred to as special designated areas, where there are absolutely no restrictions to acquisition. There is also no restriction on acquisition through inheritance and there are also several other special exemptions. Different rules apply to the acquisition by bodies of persons.

 

Aquisition by Individuals

 

 

Maltese and EU Citizens - both with 5 years continuous residence in Malta

Maltese and EU Citizens - without 5 years continuous residence in Malta

Others

 

 

Primary Residence1

No restrictions - No need to apply

No restrictions - No need to apply

Prior authorisation is required*

 

 

Secondary Residence or any other immovable property2

No restrictions - No need to apply

Prior authorisation is required*

Prior authorisation is required*

 

 

Causa Mortis devolutions

No prior authorisation is required

No prior authorisation is required

No prior authorisation is required

 

 

Grave or site

No prior authorisation is required

No prior authorisation is required

No prior authorisation is required

 

 

Redemption of groundrent

No prior authorisation is required

No prior authorisation is required

No prior authorisation is required

 

 

Property in a Special Designated Area

No prior authorisation is required and no limit

No prior authorisation is required and no limit

No prior authorisation is required and no limit

 

 

Divided or undivided share in immovable property where person had previously acquired a share in such immovable property in accordance with the provision of this Act

No prior authorisation is required and no limit

No prior authorisation is required and no limit

No prior authorisation is required and no limit

 

 

Transfer of immovable property in an inheritance between co-heirs

No prior authorisation is required - No limit

No prior authorisation is required - No limit

No prior authorisation is required - No limit

 

 

Partition of immovable property between co-owners

No prior authorisation is required - No limit

No prior authorisation is required - No limit

No prior authorisation is required - No limit

 

 

Donation of immovable property to a spouse, descendant or an ascendant in the direct line and their relative spouses - in the absence of descendants to a brother or sister and their descendants

No prior authorisation is required - No limit

No prior authorisation is required - No limit

No prior authorisation is required - No limit

 

 

Immovable Property required for the person's business activities' or supply of services by such person

No prior authorisation is required - No limit

No prior authorisation is required - No limit

No permit granted unless required for an industrial or touristic project or as a contributor to the development of the economy of Malta

 

 

Notes

 

 

* : A permit will not be granted if applicant has already acquired immovable property in Malta; other conditions also apply.

 

 

 

1 : This presupposes a change of ordinary residence if the purchaser is not already a resident of Malta.

 

 

 

2 : This would typically include holiday homes where there is no change of ordinary residence.

 

 

 

Acquisition by bodies of persons

 

A body of persons, other than a commercial partnership, established in and operating from an European Union member state may freely acquire immovable property that is required for the purpose for which it has been set up as long as it is directly controlled by citizens of a European Union member state.

 

A commercial partnership established in and operating from an European Union member state (therefore including Malta) may freely acquire immovable property that is required for the purpose for which it has been set up and at least 75% of its share capital is held by a person (or persons) who is a European Union Member state citizen.

 

Any other body of persons will require a permit which is only granted if the property is required for an industrial or touristic project or as a contributor to the development of the economy of Malta.

 

See also Immovable Property (Acquisition by Non-Residents) Act.

 

Source: www.ird.gov.mt

Home Guide Articles

(AIP) Conditions for Buying Immovable Property in Malta

by www.ird.gov.mt

Acquire an Immovable property in Malta requires certain conditions according to the 'Acquisition by Non-Residents Act' of Malta. Whether for Industrial, Commercial or Residential use different conditions apply in acquiring an immovable property.

 

Conditions for buying immovable property

 

Citizens of all European Union member states, including therefore Maltese Citizens, who have resided in Malta continuously for a minimum period of five years at any time preceding the date of acquisition may freely acquire immovable property without the necessity of obtaining a permit under Chapter 246 of the Laws of Malta.

 

Citizens of all European Union member states, including therefore Maltese Citizens, who have not resided continuously in Malta for a minimum period of five years may only purchase their primary residence or any immovable property required for their business activities or supply of services without the necessity of obtaining a permit under Chapter 246 of the Laws of Malta.

 

Citizens of all European Union member states, including therefore Maltese Citizens, who have not resided continuously in Malta for a minimum period of five years, require a permit under Chapter 246 of the Laws of Malta to acquire immovable property for secondary residence purposes.

 

Individuals who are not citizens of a European Member state may not acquire any immovable property unless they are granted a permit in terms of Chapter 246 of the Laws of Malta.

 

There are defined zones in Mata, referred to as special designated areas, where there are absolutely no restrictions to acquisition. There is also no restriction on acquisition through inheritance and there are also several other special exemptions. Different rules apply to the acquisition by bodies of persons.

 

Aquisition by Individuals

 

 

Maltese and EU Citizens - both with 5 years continuous residence in Malta

Maltese and EU Citizens - without 5 years continuous residence in Malta

Others

 

 

Primary Residence1

No restrictions - No need to apply

No restrictions - No need to apply

Prior authorisation is required*

 

 

Secondary Residence or any other immovable property2

No restrictions - No need to apply

Prior authorisation is required*

Prior authorisation is required*

 

 

Causa Mortis devolutions

No prior authorisation is required

No prior authorisation is required

No prior authorisation is required

 

 

Grave or site

No prior authorisation is required

No prior authorisation is required

No prior authorisation is required

 

 

Redemption of groundrent

No prior authorisation is required

No prior authorisation is required

No prior authorisation is required

 

 

Property in a Special Designated Area

No prior authorisation is required and no limit

No prior authorisation is required and no limit

No prior authorisation is required and no limit

 

 

Divided or undivided share in immovable property where person had previously acquired a share in such immovable property in accordance with the provision of this Act

No prior authorisation is required and no limit

No prior authorisation is required and no limit

No prior authorisation is required and no limit

 

 

Transfer of immovable property in an inheritance between co-heirs

No prior authorisation is required - No limit

No prior authorisation is required - No limit

No prior authorisation is required - No limit

 

 

Partition of immovable property between co-owners

No prior authorisation is required - No limit

No prior authorisation is required - No limit

No prior authorisation is required - No limit

 

 

Donation of immovable property to a spouse, descendant or an ascendant in the direct line and their relative spouses - in the absence of descendants to a brother or sister and their descendants

No prior authorisation is required - No limit

No prior authorisation is required - No limit

No prior authorisation is required - No limit

 

 

Immovable Property required for the person's business activities' or supply of services by such person

No prior authorisation is required - No limit

No prior authorisation is required - No limit

No permit granted unless required for an industrial or touristic project or as a contributor to the development of the economy of Malta

 

 

Notes

 

 

* : A permit will not be granted if applicant has already acquired immovable property in Malta; other conditions also apply.

 

 

 

1 : This presupposes a change of ordinary residence if the purchaser is not already a resident of Malta.

 

 

 

2 : This would typically include holiday homes where there is no change of ordinary residence.

 

 

 

Acquisition by bodies of persons

 

A body of persons, other than a commercial partnership, established in and operating from an European Union member state may freely acquire immovable property that is required for the purpose for which it has been set up as long as it is directly controlled by citizens of a European Union member state.

 

A commercial partnership established in and operating from an European Union member state (therefore including Malta) may freely acquire immovable property that is required for the purpose for which it has been set up and at least 75% of its share capital is held by a person (or persons) who is a European Union Member state citizen.

 

Any other body of persons will require a permit which is only granted if the property is required for an industrial or touristic project or as a contributor to the development of the economy of Malta.

 

See also Immovable Property (Acquisition by Non-Residents) Act.

 

Source: www.ird.gov.mt